Proposed cell tower rules draw criticism, praise

The Oceanside Planning Commission unanimously OK's new rules for City Council approval. Residents say the rules are too loose

An ordinance making its way to the Oceanside City Council would limit where cell phone companies — and in some cases, amateur radio operators — can place their towers and antennas.

A number of people in the community feel that the new ordinance doesn’t go far enough in some cases, and too far in others.

The city’s Planning Commission voted 6-0 this week to recommend the City Council approve the new telecommunication ordinance, which would replace the city’s antiquated rules that were drafted in 1992.

The old ordinance allowed the towers to be built anywhere in the community, which resulted in towers in residential neighborhoods, near schools, churches and parks. Residents have expressed concern about the proximity of the towers to the locations, citing concerns that the radiation emitted by the devices could cause cancer, as well as saying the towers diminish property values.

The new ordinance would require companies to disguise poles to blend in with the surroundings. It also would encourage cell companies to install their antennas on existing poles, and it would set a preference of locations where towers can locate, starting with city-owned parcels, industrial properties, commercial properties, quasi-public institutions such as schools and churches, agricultural land, open space and residential communities.

Cell-phone providers would have to provide evidence that there is a significant gap in coverage, and that if requesting a a cell-tower in a residential location, alternatives sites must be studied.

Commissioners said the new ordinance would be a good first step. A number of residents at Monday’s commission meeting said the new rules contain major loopholes, including a section that allows for cell towers to be installed in public right-of-way, such as sidewalks and streets.

Holly Hargett and Sharon Newbery, two of the most vocal opponents of the new rules, were among several people who called on the city to issue a moratorium on new cell tower permits.

While the Planning Commission recommended that the council add a section that would discourage carriers from using public right of way near schools and homes, it stopped short of recommending an outright ban.

Former Deputy City Attorney Leslie Gallagher, who worked extensively on the new ordinance before leaving the city, told commissioners that the courts have not upheld several attempts at tower bans in residential neighborhoods.

If a cell carrier is able to prove that the residential location is the only one available to close a coverage gap, it would have the legal right to install the tower, she said.

Amateur radio operators also attended Monday’s meeting in force to decry their inclusion in the ordinance, which would subject them to expensive fees to install antennas of a certain height.

In response to the complaints, the Planning Commission also recommended the council make several changes, including requiring a tower in a non-residential zone be a certain distance away from homes, issuing cash penalties for providers who abandon poles or do not file paperwork for permit extensions on time, and recommending the creation of less expensive permit to process amateur radio requests.